New Mexico 2021 legislative session: What we know so far

Algernon D'Ammassa
Las Cruces Sun-News
Fencing blocks the entrance to the New Mexico State Capitol building on Wednesday, Jan. 13, 2021, in Santa Fe, New Mexico. The barriers were erected following the Jan. 6 riot in Washington, D.C., after safety concerns for the upcoming legislative session.

SANTA FE - As the Jan. 19 opening of New Mexico's 60-day legislative session approaches, chain link fencing encircles the state's unique capitol building, known as the Roundhouse, the only round state capitol building in the United States.

The Roundhouse has been closed to visitors during the COVID-19 pandemic, and now state police are coordinating with local law enforcement to safeguard the legislative session following FBI warnings that all 50 states may see crowds of armed protesters at their capitols beginning this weekend and running through the inauguration of President-elect Joe Biden on Wednesday, Jan. 20. 

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The deadline to introduce legislation during the session is Feb. 18, and the session is scheduled to conclude at noon on March 20. Gov. Michelle Lujan Grisham will then have until April 9 to sign or veto legislation. Any bills on which she hasn't taken action by that date will be effectively vetoed.

Here is a brief preview of what we will be watching during this year's session. 

Gov. seeks $7.3B budget

The Santa Fe New Mexican reports that Gov. Michelle Lujan Grisham will likely depart from the traditional "State of the State" address that opens the session, instead delivering her remarks virtually and possibly in a recorded video rather than live. 

In this Nov. 25, 2020, file photo provided by the New Mexico Office of the Governor, Gov. Michelle Lujan Grisham signs a $330 million economic relief package at the State Capitol in Santa Fe, N.M.

The 55th session of New Mexico's legislature is set to open at noon on Tuesday, with some legislation prefiled between Jan. 4 and Jan. 15. View prefiled Senate bills here and House bills here

The Democratic governor is recommending a $7.3 billion budget for fiscal year 2022, of which $3.3 billion (45 percent) is devoted to public education plus $867 million for higher education and $193 million for early childhood education and care. The proposed budget also calls for $475 million more in pandemic relief and $893 million in behavioral health support.

It would amount to a 3.3 percent spending increase — much of it for education, workplace safety and for the agencies leading the state's COVID-19 pandemic response. 

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Among the administration's other legislative priorities are another push to legalize recreational cannabis; procurement reform to promote businesses held by Native American, other non-white and women owners; a proposal to tap the Land Grant Permanent Fund by 1 percent for early childhood education; a healthcare fund to extend coverage to uninsured residents; lower emission standards from transportation; establish a racial equity director in the governor's office; and more. 

The governor's asks also include another try at decriminalizing abortion in the state, repealing a 1969 statute that has been unenforced since the U.S. Supreme Court's 1973 decision affirming the right to abort a pregnancy.

Children walk in a line at Highland Elementary School in Las Cruces on Monday, Aug. 12, 2019 during K-5 Plus instruction. Among the bills that may come to the floor this session is an effort to make the program mandatory for public schools across New Mexico.

Legislators voted to uphold the ban in a bipartisan vote in 2019, but Democratic gains in the state legislature, where the party holds majorities in both chambers, have given advocates hope of repealing the law this year. There is also an increased sense of urgency from fears that the new conservative majority on the nation's high court could lead to a repeal of the 48-year-old decision legalizing abortion.

Pre-filed bills we will be watching

Here are just a few of the pre-filed bills we will be looking for:

  • A "Green Amendment" proposed by two Las Cruces Democrats, Sen. William Soules and Rep. Joanne Ferrary, along with Sen. Antoinette Sedillo Lopez, D-Albuquerque. The provision would strengthen state residents' constitutional right to clean air, water and land.
  • Soules has also pre-filed bills to promote schools' going solar, including measures to require photovoltaic systems in new schools and allowing the state to provide matching funds for them. (Other bills Soules pre-filed would require new residential construction to photovoltaic systems and charging stations for electric vehicles, or infrastructure for them.)
  • Sen. Michael Padilla, D-Albuquerque, proposes to exempt Social Security income from income taxes, with a similar proposal pre-filed by three House Republicans: Gail Armstrong of Magdalena, Cathrynn Brown of Carlsbad and Rebecca Dow of Truth or Consequences.
  • Legislation pre-filed in both chambers calls for requiring a full-time nurse at every public school. 
  • A proposal from Sen. Mimi Stewart, D-Albuquerque to make K-5 Plus and Extended Learning programs, which add several weeks of summertime classroom instruction, mandatory. (As we reported in 2019, the programs are popular, yet not all school districts are on board with it.) 
  • A proposal to establish a new Sierra County Special Hospital District, pre-filed by incoming Sen. Crystal Diamond, R-Elephant Butte. 
  • A proposal from Sen. Cliff Pirtle, R-Roswell, to pay "pandemic reparations" to small businesses, via tax credits, for the impacts of public health orders.
  • A bill to allow voters who are not affiliated with a political party to participate in party primaries, from Rep. Miguel Garcia, D-Albuquerque.

Heightened security at Roundhouse

The house of New Mexico state government is often crowded with lawmakers bustling about, lobbyists making their rounds, visitors and press watching floor debates from galleries above, committee hearings and public events and tours of the historic Capitol and its art collection winding through the crowded hallways.

But this year, the Roundhouse remains closed to the public due to the ongoing COVID-19 health emergency. While many public sessions have moved online, some legislators plan on conducting business in person, and the House and Senate will begin the session by establishing rules and procedures for unusual circumstances. 

New Mexico Gov. Michelle Lujan Grisham speaks during a video news conference on Monday, Nov. 30, 2020.

House Speaker Brian Egolf, D-Santa Fe, has already made clear that face masks will be a requirement in the Capitol through the session. However, the mandatory repeat COVID-19 testing for legislative staff and journalists on site will not be required for lawmakers. 

The ground surrounding the building is a frequent location for demonstrations, but for the opening week it remains fenced off.

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Following the Jan. 6 U.S. Capitol riot in Washington, and concerns about potential violence at state Capitols in reaction to Biden's inauguration by extremist supporters of outgoing President Donald Trump, Lujan Grisham declared a state of emergency effective Saturday, Jan. 16 "due to the ongoing and pervasive threat of riots and insurrection."  The declaration provides for coordinating assistance from federal agencies and ordering the state National Guard on standby. 

Meanwhile, other New Mexico National Guard personnel are in Washington to bolster defense against further violence during the inauguration of the new president. 

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.